Behrens Criticizes “Outlier” Ruling on Punitive Damages Cap

September 27, 2014

Public Policy Partner Mark Behrens has authored a September 11, 2014, Washington Legal Foundation Legal Pulse guest commentary titled “Missouri Supreme Court Invalidates State’s Legislative Cap on Punitive Damages.” Addressing the Missouri high court’s ruling invalidating a statutory cap on punitive damages as to the fraud claims in “an unremarkable fraudulent misrepresentation and unlawful merchandising suit,” Behrens characterizes the decision is an “outlier. Virtually every other state court that has considered the constitutionality of punitive damages caps has held that such laws do not violate the jury trial right because the jury’s fact-finding function is preserved.” He discusses other court opinions upholding similar caps. To read the article, please click here.